JUDGMENT : SRI ANANDA SEN, J. 1. Pursuant to the request made by this Court yesterday, today the Secretary, Department of School Education & Literacy, Government of Jharkhand is present in the Court to assist this Court on this issue. 2. In this writ petition, petitioners have prayed for the following reliefs:- I. For commanding upon the respondent no. 9 to 11 in the nature of certiorari for quashing and setting aside the entire recruitment process which the respondent no. 9 to 11 has initiated vide advertisement no. 13/2023 considering the fact that the said selection process has been in utter violation of Article 14 and 16 of the Constitution of India, restricted and reserved the participation for the candidates who could appear and qualify in the State TET conducted in the year 2013 and 2016 and is in turn completely breaching the equality clause in relation to the petitioners and similarly situated other candidates who all have become eligible after 2016 and are getting totally ousted just because of the respondents having breached the provisions as contained in NCTE Guidelines dated 11.02.2011 and the State Rules of 2019 for non-conducting of the State TET Examination after the year 2016. II. For issuance of appropriate writ(s)/order(s)/direction(s) to hold and declare that the action of the State respondent in not conducting the State TET ever since 2016 and proceeding to fill up the posts of teachers through the above impugned advertisement is amounting to making the TET qualification as 'the only eligibility criteria for appointment' with which as per the mandate of the NCTE Guidelines dated 11.02.2011 has been made 'only one of the eligibility criteria for appointment conferring no right to a person qualified' and that the respondents cannot be allowed to do a thing indirectly which they cannot do otherwise as per law and provisions of the Constitution of India. III. For issuance of writ(s)/order(s) or direction(s) for holding and declaring that on account of the respondent state authorities not conducting the State TET Examination for not even on a single occasion ever since the year 2016 has amounted to and is also amounting to a complete bar/restriction upon the petitioners and similarly situated others and thereby clearly violating the mandate of article 14 and 16 of the Constitution of India in relation to the advertisement no. 13/2023 for recruitment of 26001 teachers in the schools of State Government particularly when the conduct of the State respondents is also in complete breach of NCTE notification dated 23.08.2010, NCTE Guidelines dated 11.02.2011 and the Jharkhand Teachers Eligibility Test Rules, 2019 which though clearly mandates '(i) That the Jharkhand Academic Council or the competent authority of the State government shall conduct the State TET Examination every year and the candidates having qualified shall be eligible to be appointed in the primary schools and (ii) that a person who scores 60% or more in the TET Exam will be considered as TET pass and school managements (Government, Local Bodies, Government aided and unaided) should give weightage to the TET scores in the recruitment process, however, qualifying the TET would not confer a right on any person for recruitment/employment as it is only one of the eligibility criteria for appointment. IV. For further issuance of appropriate writ(s)/order(s) /direction(s) to hold and declare that the action of the State respondents in neither conducting the State TET Examination ever since the year 2016 nor taking an appropriate decision as per clause 10 of the NCTE Guidelines dated 11.02.2011 amounts to restricting the opportunity of appointments on the Post of Teachers in the State Schools only for the candidates who got qualified in the TET Examination of 2013 and 2016 which results in clear discrimination with the petitioners and other similarly situated candidates who have attained their age and basic eligibility after the year 2016 which cannot be sanctioned in law as the same violates the equality clause as guaranteed by the Constitution of India particularly when the qualification in the State TET has been mandated to be only one of the eligibility criteria which the respondents have actually made it to be the only criteria for participation in the recruitment process. V. For commanding upon the respondents including the respondent no. 1 and 2 to present before this Hon'ble Court the steps and measures taken for compliance, enforcement and implementation under the clause 15 of the NCTE Guidelines dated 11.02.2011.” 3. Petitioners’ counsel submits that the petitioners are giving up prayer No.1 of the writ petition and pray that a direction be given to the State to hold the TET Examination which was not held after 2016. 4. Petitioners’ counsel submits that the petitioners are giving up prayer No.1 of the writ petition and pray that a direction be given to the State to hold the TET Examination which was not held after 2016. 4. After hearing the parties and the Secretary, the fact which is apparent and admitted is that after 2016 no Teachers Eligibility Test (TET) Examination in the State of Jharkhand has been conducted. Further the State is in the process of promulgating a new rule and as per the submission of the Secretary, much progress has been done towards framing of the rules. 5. The Secretary, Department of School Education & Literacy, Government of Jharkhand submits that they are intending to conduct the JTET Examination, after notifying new rules. He also admits that as fresh examination of JTET has not been conducted after 2016, the fresh candidates are automatically debarred from participating in the process of recruitment and it is only those candidates who could not qualify pursuant to the earlier advertisements for appointment of teachers, now will be eligible to participate in any appointment process, thereby excluding the fresh and more meritorious candidates who have not got opportunity to appear in JTET Examination. 6. Without clearing a TET Examination no person can be recruited as a teacher. The Hon’ble Supreme Court in the case of Anjuman Ishaat- e-Taleem Trust vs State of Maharashtra and Others, reported in 2025 SCC OnLine SC 1912 at paragraph Nos.205 & 206 has held as under:- 205. Obfuscating the true import of the synonymous expressions would not lend assistance. What must be looked into is the consequence of such qualification. The eligibility criteria, among other things, also prescribes the TET as a qualification. A person seeking appointment as a teacher must, as a qualification, pass the TET. Only by obtaining such qualification, he would be considered eligible to be appointed as a teacher. In our view, there lies no difference as such between qualification and eligibility. In this context, we may refer to a decision of the Allahabad High Court in Arvind Kumar Shukla v. Union of India 83 , which held thus: “Further, submission of learned counsel for the petitioners is that since the reserved category candidates have availed the benefit of reservation in TET Exam, they should not be given benefit of reservation in selection and recruitment of the Assistant Teacher. I find no force in this submission of the learned counsel for the petitioners. Qualifying the TET Exam as per Rules is not a guarantee for employment. It is eligibility qualification to participate in the selection process. There is a difference between eligibility qualification and selection for employment. Reservation in educational institution is provided under Article 15 of the Constitution, whereas reservation in employment is provided under Article 16 of the Constitution. Merely because a person has secured admission in a course, which makes him eligible to participate in the selection process, does not amount to secure employment for which he becomes eligible after completing the course. Therefore, the reservation in employment cannot be denied to a person who belongs to reserved category and has secured admission in a course to become eligible for such an employment on the ground that he has already secured admission on the basis of reservation in getting admission in a course to acquire eligibility.” 206. Thus, we hold that the TET is one of the minimum qualifications that may be prescribed under Section 23 of the RTE Act. 7. In the aforesaid judgment the Hon’ble Supreme Court has gone to the extent to hold that the teachers who are serving without clearing TET Examination must, clear the same within two years provided that their remaining service tenure is more than five years. It is necessary to quote paragraph No. 217 of the aforesaid judgment, which is hereunder:- “217. Insofar as in-service teachers recruited prior to enactment of the RTE Act and having more than 5 years to retire on superannuation are concerned, they shall be under an obligation to qualify the TET within 2 years from date in order to continue in service. If any of such teachers fail to qualify the TET within the time that we have allowed, they shall have to quit service. They may be compulsorily retired; and paid whatever terminal benefits they are entitled to. We add a rider that to qualify for the terminal benefits, such teachers must have put in the qualifying period of service, in accordance with the rules. If any teacher has not put in the qualifying service and there is some deficiency, his/her case may be considered by the appropriate department in the Government upon a representation being made by him/her.” 8. Thus, no one can deny the importance of TET Examination. If any teacher has not put in the qualifying service and there is some deficiency, his/her case may be considered by the appropriate department in the Government upon a representation being made by him/her.” 8. Thus, no one can deny the importance of TET Examination. TET Examination is of utmost importance for imparting quality education for young minds. It is necessary to hold these examinations on regular basis. Deferring these examinations will amount to less meritorious candidates getting opportunity time and again in consequent and subsequent recruitment processes, denying opportunity to a large population of meritorious candidates to serve as a teacher. This is because only a particular group, who have cleared JTET Examination, will be allowed to participate in the recruitment process of teachers and if people from the same group is allowed to appear pursuant to 3 or 4 consecutive advertisements, then but naturally the meritorious candidates will be initially recruited. Thereafter in all subsequent advertisements, persons comparatively having less merits and who were left behind, will only get the opportunity to apply in those fresh advertisements. Fresh meritorious candidates will never get chance to apply as they did not get opportunity to appear in JTET. Thus, it is necessary to hold JTET Examination in regular intervals. 9. It has been brought to the notice of this Court, by the Secretary, that within six months, they can conduct the JTET Examination in the State of Jharkhand. He submits that the examination has to be conducted by Jharkhand Academic Council (JAC). Since the Matriculation and Intermediate examination are to be concluded before 17.02.2026, for which the JAC has to initiate the process from November itself, it would not be possible for them to hold the examination during this period. He submits that sometime after 10.03.2026, the examination of JTET can be held. 10. Considering the said submission, I direct the State to conduct the examination of Teachers Eligibility Test in the State of Jharkhand definitely by 31.03.2026. 11. So far as fresh recruitments are concerned, in this writ petition in the counter affidavit, the State has stated that they will not advertise the remaining posts till the JTET Examination is conducted and the result is published. 12. 11. So far as fresh recruitments are concerned, in this writ petition in the counter affidavit, the State has stated that they will not advertise the remaining posts till the JTET Examination is conducted and the result is published. 12. Considering the fair stands taken by the State of Jharkhand, I also direct the State of Jharkhand that not only they should not fill up these remaining posts, but they should also not publish any fresh advertisement for any vacant post of teachers in the State, till the TET examination in the State of Jharkhand is conducted and the results are declared. 13. With the aforesaid observation and directions, the instant writ petition stands disposed of. 14. I.A. No.6232 of 2025 is dismissed as withdrawn.